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(영문) 수원지방법원 2015.11.27 2015구단1551
이행강제금처분감액처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is the owner of a reinforced concrete building with 148.20 square meters of underground floors and 114.37 square meters of ground level 14.37 square meters of underground floors located in Seongbuk-gu, Sungnam-si (hereinafter “instant building”).

B. Around July 18, 2013, the Defendant issued a corrective order as to unlawful matters of the building on the ground that the Plaintiff violated Article 11 of the Building Act and Article 19-4 of the Parking Lot Act, on the ground that: (a) housing of each of the first and second floors above the ground of the instant building and two floors above the second and second floors above each of five households above the ground level; (b) housing of the third floor above the ground level was substantially repaired into six households; (c) housing of the third floor above the parking lot above the ground level; and (d) the Plaintiff did not demand the extension of the period for correction on several occasions; and (d) the Plaintiff did not correct it.

On December 18, 2014, the Defendant issued a pre-announcement and advance notice of the charge for compelling the performance to the Plaintiff. On February 26, 2015, the Plaintiff recovered only the portion which was illegally extended to the said parking lot.

C. On February 27, 2015, the Defendant issued the instant disposition imposing KRW 26,141,000 for enforcement fines calculated by applying the imposition rate to 0.10,000 for the portion of 148.20 square meters of the underground floor and 114.37 square meters of each of 114.37 square meters of the ground and 14.37 square meters of each of 14.10 square meters of land, a publicly announced individual land price, except for the portion of the parking lot that was restored to its original state pursuant to Articles 79 and 80 of the Building Act and Article 115-2(2) [Attachment Table 15] of the Enforcement Decree of the Building Act, to the Plaintiff, without permission, except for the portion of the parking lot that was restored to its original state.

[Reasons for Recognition] Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. Even if the Plaintiff’s assertion was made a large-scale repair by increasing the number of households on each floor of the instant building, the total of 8 households on each of 1 to 3 floors underground and 1 to 3 floors existing shall not be substantially repaired, so it shall be excluded from the calculation of enforcement fines. Meanwhile, as the number of households increases, the walls between households shall not be a reinforced concrete structure.

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